New Delhi: A petition has been filed in the Supreme Court challenging the recent Delhi Police order that denotified Jantar Mantar as a designated protest site in the national capital. The contentious order, issued by Delhi Police Commissioner Anurag Kumar on October 11, has drawn legal scrutiny for allegedly undermining the fundamental rights to peaceful assembly and freedom of expression.
The petition, filed by advocate Swaty Singh through advocate Akanksha Mehra, argues that moving protests from the iconic central Delhi location to distant, alternative venues like Ramlila Ground, Burari Ground, and CBD Ground would render the right to free speech illusory.
The plea emphasizes that the right to protest is not simply about gathering in a designated space, but effectively communicating grievances to the public and authorities. Rendering Jantar Mantar inaccessible, the petition claims, would push dissent “out of sight and out of mind,” effectively diminishing the practical impact of peaceful demonstrations by removing them from the earshot of the corridors of power.
The Delhi Police had previously defended its decision in the Delhi High Court during a separate case filed by the Indian Youth Congress (IYC), stating that the move was based on the recommendations of a Union Home Ministry committee formed to explore alternative protest venues. The police also cited a Supreme Court directive from October 9 as the basis for their decision.
However, the Supreme Court petition points out that while the government holds the authority to regulate fundamental rights under Article 19(1)(a) and 19(1)(b) to maintain law and order, such regulations cannot amount to an outright prohibition that neutralizes the exercise of these rights. The plea also noted that the October 11 standing order introduced the new venues without immediately providing a complete, revised standard operating procedure (SOP) governing access to them.
The Supreme Court registry has successfully numbered the petition, and it has named the Union government and the Delhi Police Commissioner as respondents.